Case 1:21-cv-00252-ALC Document 30 Filed 07/29/21 Page 1 of 2
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`U.S. Department of Justice
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`United States Attorney
`Southern District of New York
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`86 Chambers Street
`New York, New York 10007
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`July 29, 2021
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`By ECF
`Honorable Andrew L. Carter, Jr.
`United States District Judge
`Thurgood Marshall United States Courthouse
`40 Foley Square
`New York, NY 10007
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`Re:
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`State of New York, et al. v. Regan, et al., No. 21 Civ. 252 (ALC)
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`Dear Judge Carter:
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`This Office represents the defendants, the United States Environmental Protection
`Agency, and its Administrator, Michael S. Regan, in his official capacity (together, the
`“EPA”), in this action. With plaintiffs’ consent, I write to provide a status update and to
`respectfully request an adjournment without date of EPA’s answer obligation.
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`As noted in previous letters, the parties have been engaged in settlement discussions.
`Earlier this month, the form of a proposed consent decree that would resolve this action was
`approved by plaintiffs, and also—subject to the results of the public comment process
`described below—by EPA and the Department of Justice. The Clean Air Act requires that
`before a settlement may be finalized, EPA must “provide a reasonable opportunity by notice
`in the Federal Register to persons who are not named as parties or intervenors to the action or
`matter to comment in writing.” 42 U.S.C. § 7413(g). Once any comments are received, the
`Act provides that “[t]he Administrator or the Attorney General, as appropriate, shall
`promptly consider any such written comments and may withdraw or withhold his consent to
`the proposed order or agreement if the comments disclose facts or considerations which
`indicate that such consent is inappropriate, improper, inadequate, or inconsistent with the
`requirements of this chapter.” Id.
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`Earlier today, consistent with these requirements, the government published a notice
`in the Federal Register and opened an administrative docket for public comment on the
`proposed consent decree. See Proposed Consent Decree, Clean Air Act Citizen Suit, 86 Fed.
`Reg. 40,825 (July 29, 2021), at https://www.federalregister.gov/documents/2021/07/29/2021-
`16155/proposed-consent-decree-clean-air-act-citizen-suit; see also Docket ID No. EPA-HQ-
`OGC-2021-0444 at https://www.regulations.gov/docket/EPA-HQ-OGC-2021-0444. The
`comment period will close on Monday, August 30, 2021.
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`Case 1:21-cv-00252-ALC Document 30 Filed 07/29/21 Page 2 of 2
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`In light of the publication of the proposed consent decree and the opening of the
`comment period, the government respectfully requests that EPA’s time to answer or
`otherwise respond to the complaint—which is currently tomorrow, July 30, 2021—be
`adjourned without date. The government further proposes that the parties file a joint status
`report by September 10, 2021. Plaintiffs consent to these requests.
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`We thank the Court for its attention to this matter.
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`Respectfully,
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`AUDREY STRAUSS
`United States Attorney for the
`Southern District of New York
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`By: /s/ Peter Aronoff
`PETER ARONOFF
`Assistant United States Attorney
`Telephone: (212) 637-2697
`Facsimile: (212) 637-2717
`E-mail: peter.aronoff@usdoj.gov
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`Counsel for the EPA
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`cc:
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`All counsel of record (by ECF)
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